Jackson County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Petition

A victim petitioning for disclosure of covered records must submit a written petition describing as specifically as possible the information sought, the reason for seeking it, the basis for believing it is in the records, its relevance, and efforts to obtain it elsewhere.

i) 5(a) Any victim of a child's act may petition the Court to order the disclosure of the records governed by sub. (1). The petition shall be in writing and shall describe as specifically as possible all of the following: b) The type of information sought. c) The reason the information is being sought. d) The basis for the petitioner's belief that the information is contained in the records. e) The relevance of the information being sought to the petitioner's reason for seeking the information. f) The petitioner's efforts to obtain the information from other sources.

CRITICAL

Applies to

Jury instruction

Each requested civil jury instruction must identify its Wisconsin JI-Civil Number in the lower right-hand corner of each page.

identified by its Wisconsin JI- Civil Number on the lower right-hand corner of each page.

CRITICAL

Applies to

Guardian ad litem recommendation

The guardian ad litem must submit a written recommendation and provide copies to the parties.

A guardian ad litem shall submit his/her recommendation, in writing, with copies to the parties.

CRITICAL

Applies to

Request for mediation

A defendant must submit a written Request for Mediation to the Court within 30 days after receiving the plaintiff’s notification of the lawsuit.

A Defendant receiving notification of a lawsuit must submit a Request for Mediation to the Court in writing within THIRTY (30) DAYS of the date notification from the Plaintiff is received.

CRITICAL

Applies to

Summary judgment motion

The movant must present only the factual propositions it considers necessary to judgment in its favor and undisputed.

Whether a movant elects a stipulation or a statement of proposed findings, or both, it is the movant's obligation to present no more and no less than the set of factual propositions which the movant considers necessary to judgment in the movant's favor, and as to which the movant considers there is no genuine issue.

CRITICAL

Applies to

Final bill

The guardian ad litem’s final bill is due at the final hearing.

A final bill is due at the final hearing.

CRITICAL

Applies to

Order appointing guardian ad litem

Orders appointing a Guardian ad Litem for a minor must include the specified eligibility certification before the lawyer's signature accepting the appointment.

After June 30,1999, all orders appointing Guardian ad Litems for minors shall have the following certification proceeding the lawyer's signature accepting the appointment: I, ___________________ do hereby represent and certify to the appointing court that I am eligible to accept this appointment as Guardian ad Litem for ____________________ as required by SCR 35.01.

CRITICAL

Applies to

Deferred prosecution agreement notice

Must include

proposed order

For a Youth Village placement agreement or extension, intake must provide written notice to the judge or juvenile court commissioner along with a proposed compliance order.

Any deferred prosecution agreement that includes placement in a Youth Village as described in 118.42, intake shall provide written notice of that agreement or extension of that agreement to the Circuit Judge or juvenile court commissioner along with a proposed order for the court official to sign requiring compliance with that agreement.

CRITICAL

Applies to

Court report

Court reports that have been ordered by the Court shall be completed and filed with the Court not less than four working days before the scheduled dispositional hearing.

Court reports that have been ordered by the Court shall be completed and filed with the Court not less than four working days before the scheduled dispositional hearing.

CRITICAL

Applies to

Summary judgment motion

Factual propositions must be in numbered paragraphs, each limited as far as practicable to one proposition.

Such factual propositions shall be set forth in numbered paragraphs, the contents of each of which shall be limited as far as practicable to the statement of a single factual proposition.

CRITICAL

Applies to

Summary judgment filings

Parties must specifically cite the record when bringing material factual and legal matters to the Court's attention in summary judgment proceedings.

It is the duty of the parties to bring to the Court's attention by specific reference to the record as outlined in paragraphs I.B., III.B., and IV.B., all factual and legal matters material to the resolution of the issues in dispute.

CRITICAL

Applies to

Request for attorney fees or exemplary damages

Requests for attorney's fees or exemplary damages above the listed brackets must include a bill of costs and statutory authority for the judge's approval.

Parties requesting attorney's fees or exemplary damages in excess of those listed within the normal brackets listed above shall submit a bill of costs, and statutory authority for the Judge's approval.

CRITICAL

Applies to

Payment schedule

A payment schedule must be written, signed by the obligor, and submitted to the Circuit Judge for approval.

Section 5: A payment schedule established under this rule shall be put in writing, signed by the obligor, and submitted to the Circuit Judge for approval.

CRITICAL

Applies to

Summary judgment motion

A summary judgment filing includes the motion itself and may include materials permitted by 802.08 Wis. Stats. that the movant elects to serve and file.

A. The motion itself together with such materials permitted by 802.08 Wis. Stats. as the movant's may elect to serve and file;

CRITICAL

Applies to

JD-1716 form

The signed JD-1716 must be filed in the intake worker’s file; if it is unsigned, the worker must file a copy noting who received notice and when.

b) If signed, the signed copy of JD-1716 shall be filed in the juvenile intake worker's file. If the child/juvenile or parent(s) did not sign, the juvenile intake worker shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Affidavit

Affidavits must be based on personal knowledge, state admissible facts, and affirmatively show the affiant's competence to testify.

Affidavits must be made on personal knowledge setting forth such facts as would be admissible in evidence, and showing affirmatively the affiant is competent to testify to the matters stated therein.

CRITICAL

Applies to

Temporary physical custody request order

Juvenile intake must complete the temporary physical custody request order.

Juvenile intake shall be contacted to determine the secure custody placement location and complete the temporary physical custody request order.

CRITICAL

Applies to

AFSA warnings

When a dispositional report recommends out-of-home placement, the worker must have the legally prescribed AFSA warnings prepared 48 hours before the hearing.

Upon making any dispositional report recommending that the child/juvenile be placed outside the home, the dispositional worker shall have prepared 48 hours prior to the hearing date the AFSA warnings as set forth by either State or Federal law.

CRITICAL

Applies to

Affidavit of non military service

To obtain a default judgment, an Affidavit of Non Military Service must be completed and filed before the initial court date.

An Affidavit of Non Military Service must be completed and filed before the initial court date in order to obtain a default judgment.

CRITICAL

Applies to

Proof of notification

Proof of notification to the defendant must be filed within 30 days after service of the summons and complaint.

(Proof of Notification to the Defendant must be filed within thirty (30) days of service of the Summons and Complaint).

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must include either an all-party stipulation of facts, the movant's proposed findings of fact, or both.

B. Either (1) a stipulation of facts between or among all the parties to the action, or (2) a statement of the findings of fact proposed by movant, or (3) a combination of (1) and (2).

CRITICAL

Applies to

Pleadings and papers

Must include

case number

Pleadings and papers filed in an action must include the assigned case number in the caption.

All pleadings and papers, which must be filed in any action, shall bear in the caption the case number assigned by the Clerk of Court when the action is commenced.

CRITICAL

Applies to

Court copy of deferred prosecution agreement and order

The juvenile court clerk must file the court copy of the deferred prosecution agreement and order in a group file.

The juvenile court clerk shall file the court copy of the deferred prosecution agreement and order in a group file.

CRITICAL

Applies to

Motion in limine

A motion in limine must include a supporting affidavit stating the relied-upon facts and a memorandum of applicable law.

The motion shall be supported by an affidavit setting forth the facts upon which the moving party relies; and, (c) A memorandum of the law that applies to the issues raised by the motion.

CRITICAL

Applies to

Final hearing request

After the report is filed, the parties must request a final hearing and designate it as stipulated or contested.

Once the report is filed, the parties shall request a final hearing (designating “stipulated” or “contested”).

CRITICAL

Applies to

Summary judgment motion

Each numbered factual paragraph must end with supporting record references, with citations identifying the specified location or details for each type of record.

At the close of each numbered paragraph shall be set forth one or more references to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS² supporting movant's contention there is no genuine issue as to that factual proposition. References to the record shall include: (a) In the case of a pleading, the numbered paragraph of that pleading; (b) In the case of a deposition transcript, the name of the witness and the page of the transcript; (c) In the case of an answer to an interrogatory, the number of that interrogatory and the identity of the party to whom it was directed; (d) In the case of an admission in response to, or resulting from a failure to respond to, a request for admission made pursuant to 804.11 Wis. Stats., the number of the requested admission and the identity of the party to whom it was directed; (e) In the case of an admission on file which is not in response to, or resulting from a failure to respond to, a request for admission made pursuant to§804.11 Wis. Stats., the form such admissions takes and the page or paragraph of the document is which that admission is made. Admissions made solely for the purpose of the motion for summary judgment should be so designated.

CRITICAL

Applies to

Mediation results report

The mediator must report the mediation results to the Court.

The mediator shall report the results of the mediation to the Court.

CRITICAL

Applies to

Eviction summons complaint

In eviction matters, proof that the defendant received prior notice terminating tenancy must be filed with the summons and complaint.

In eviction matters, proof of the defendant receiving prior notice terminating tenancy must be filed with the court at the time of filing the summons/complaint.

CRITICAL

Applies to

Response to proposed conclusions of law

A response to proposed conclusions of law must state whether each numbered conclusion is agreed or disputed and precisely identify any disputed portion.

With respect to each such numbered proposed conclusions, the said response shall state clearly whether the said conclusion is agreed to or disputed in whole or in part. If the dispute is partial, the response shall state precisely which portion of the proposed conclusion is disputed.

CRITICAL

Applies to

Victim notice

1.Each known victim of a child's act shall receive timely notice of the following information. a)The procedure for obtaining the identity of the child and the child's parents. b) The procedure under 48.396(5) for obtaining the child's police records. c) The potential liability of the child's parents under 895.035. d) Either: i) General information regarding any informal agreement under 48.245, any consent decree under 48.34 to 48.345. The information shall not include specific details of the order except for details relating to restitution or repair to property; or ii) The procedure the victim may follow for obtaining the information in Subd. 1. iii) The notice under sub. (1) Shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violation.

1.Each known victim of a child's act shall receive timely notice of the following information. a)The procedure for obtaining the identity of the child and the child's parents. b) The procedure under 48.396(5) for obtaining the child's police records. c) The potential liability of the child's parents under 895.035. d) Either: i) General information regarding any informal agreement under 48.245, any consent decree under 48.34 to 48.345. The information shall not include specific details of the order except for details relating to restitution or repair to property; or ii) The procedure the victim may follow for obtaining the information in Subd. 1. iii) The notice under sub. (1) Shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violation.

CRITICAL

Applies to

Interim disbursement order

In Chapter 767 proceedings, counsel for the recipient must file an Interim Disbursement Order, Form FA-607, immediately after the hearing establishing the payment amount.

In all proceedings under Chapter 767, the attorney representing the recipient of child support, family support, maintenance or other payments to be disbursed by the Clerk of Court shall file with the Court immediately following the hearing establishing the amount of such payments, an "Interim Disbursement Order." (Form Number FA-607).

CRITICAL

Applies to

Response to proposed findings of fact

For each disputed proposed finding, the response must refer to the specified record materials that respondent believes create a genuine issue.

With respect to any paragraph or part of a paragraph of the movant's proposed findings of fact as to which it is contended that a genuine issue exists, the response shall refer to the PLEADINGS, DEPOSITION TRANSCRIPTS, ANSWERS TO INTERROGATORIES, ADMISSIONS on file or AFFIDAVITS complying with 802.08 Wis. Stats., which respondent believes give rise to said genuine issue.

CRITICAL

Applies to

JD-1716 form

The signed JD-1716 must be filed in the court file; if it is unsigned, the clerk must file a copy noting who received notice and when.

c) If signed, the signed copy of JD-1716 shall be filed in the court file. If the child/juvenile or parent(s) did not sign, the juvenile Court Clerk shall file a copy of the form with a notation as to the person(s) and date(s) on which the notice was provided.

CRITICAL

Applies to

Petition for determination of status—delinquency

Proceedings following a reverse waiver must be commenced by filing a Petition for determination of status—delinquency.

All delinquency proceedings following a reverse waiver from an adult court with original jurisdiction shall be commenced by filing a Petition for determination of status—delinquency.

CRITICAL

Applies to

Interim bill

The guardian ad litem must submit an interim bill to the Court and the parties when submitting the report.

The guardian ad litem shall also submit an interim bill to the Court and parties when the report is submitted.

CRITICAL

Applies to

Written answer

If mediation does not resolve the case, the defendant must file a written answer with the clerk within 20 days of the return date.

If the case is not resolved by mediation, the defendant shall file a written answer with the clerk and mail a copy to the plaintiff within 20 days of the return date.

CRITICAL

Applies to

Afsa warnings

When recommending an out-of-home placement, the intake worker must ensure the AFSA warnings are in writing.

That upon making any request of the Court recommending that the child/juvenile be placed outside the home, the intake worker shall have prepared for the court proceedings and the AFSA warnings shall be in writing and the intake worker shall be prepared to testify in court as to a factual basis for said warnings.

CRITICAL

Applies to

Motion

Motions must state their grounds with particularity, and failure to do so is grounds for dismissal.

All motions must state the grounds "with particularity." 971.30, Wis. Stats. Failure to comply with this requirement shall be grounds for dismissal of the motion.

CRITICAL

Applies to

Response to proposed findings of fact

A response to proposed findings must state whether each numbered factual proposition presents a genuine issue and precisely identify any disputed portion.

With respect to each numbered paragraph of the movant's proposed findings of fact, the said response shall state clearly whether there is a genuine issue as to the whole or a part of the said factual proposition. If it is contended that there is a genuine issue only as to a part of the said factual proposition, the response shall identify precisely the said part of the numbered paragraph.

CRITICAL

Applies to

Custody intake referral

The referring agency must complete the custody intake referral form before notifying intake.

The referral agency shall be required to complete the custody intake referral form before intake is notified.

CRITICAL

Applies to

Final account

1. An itemized attorney's bill will accompany the Final Account; the bill will show the amount of time involved with each transaction or work performed, the hourly rate of the person performing such work, and a statement of approval by the Petitioner/Personal Representative; or

1. An itemized attorney's bill will accompany the Final Account; the bill will show the amount of time involved with each transaction or work performed, the hourly rate of the person performing such work, and a statement of approval by the Petitioner/Personal Representative; or

CRITICAL

Applies to

Motion in limine

The Court will not consider a motion in limine that does not comply with these rules unless good cause is shown for the failure.

Motions not submitted in accordance with these rules will not be considered by the Court, without showing of good cause for failure to comply.

CRITICAL

Applies to

Summary judgment motion

The movant's proposed conclusions of law must be set out in numbered paragraphs.

C. A statement of the conclusions of law proposed by movant, in numbered paragraphs.

CRITICAL

Applies to

Evidence of compliance

Loan servicers must determine whether the loan is covered by HAMP guidelines or other applicable debt-relief laws and provide evidence that the applicable requirement has been met.

Loan Servicers are also required to determine if the loan is covered by the guidelines of the Homeowner Affordability and Stability Plan (HAMP) or other debt relief laws then in effect and shall provide evidence that this applicable requirement has been met.

WARNING

Applies to

Jury instructions

Legal authority for a requested jury instruction must be filed separately as a cover letter or trial brief.

The legal authority for such an instruction being submitted to the Court shall be filed separately in the form of a cover letter or trial brief.

WARNING

Applies to

Final account

In lieu of an itemized bill, the Final Account may include the stated approval and certification from the Petitioner/Personal Representative.

2. In lieu of furnishing an itemized bill for services rendered, the final account may contain a statement of approval from the Petitioner/Personal Representatives as follows: Petitioner/Personal Representative has examined the statement of ______________________________ (Name of law firm) for professional fees and disbursements for these probate proceedings and finds them fair and reasonable and requests their allowance. I hereby certify that the statement of fees and disbursements have been furnished to each person or entity entitled to a copy of the Final Account and no objection has been received by the petitioner/Personal Representative concerning that bill. __________________________________________ (Signature of Petitioner/Personal Representative.)

WARNING

Applies to

Intake referral

An intake referral is not required if all four stated custody, hearing, and petition conditions are met.

Intake referrals under 48.24(1) or 938.24(1), Wis. Stats., are not required if all of the following have occurred: a. A custody intake decision was made pursuant to 48.19 or 938.19, Wis. Stats.; b. A hearing on the custody has been held pursuant to 48.21 or 938.21, Wis. Stats.; c. The person has been continued in custody (secure or non-secure); and, d. A petition was filed with the Court at or prior to the custody hearing, or the Court has authorized an extension of time to file a petition.

WARNING

Applies to

Response to proposed findings of fact

References to the record must meet the specificity required by section I.B.4.

The said reference to the record shall be made with that specificity required by I.B.4., above.

WARNING

Applies to

Rebuttal to proposed findings of fact

New record references in the movant’s rebuttal must meet the specificity required by section I.B.4.

To the extent that said statement in rebuttal requires record references not earlier made by movant, the said references shall be made with that specificity required by I.B.4., above.

WARNING

Applies to

Summary judgment motion

The factual propositions should include all of the "basic" facts necessary to a decision on the motion, including those going to jurisdiction, to the identity of the parties, and to the background of the dispute.

The factual propositions should include all of the "basic" facts necessary to a decision on the motion, including those going to jurisdiction, to the identity of the parties, and to the background of the dispute.